Claiming Against the Police | No Win No Fee | Personal Injury Claims
Claiming Compensation against the Police
Claiming Against the Police
Police officers have an immense amount of power under the law to protect us. Sadly, sometimes there are police officers who misuse this power. If you have been harmed by a police officer or other law enforcement agent who acted unlawfully, it is necessary to stand up for your rights.
While arresting, interrogating, or exercising other police power with someone, the police must follow specific legal procedures. They must, for example, comply with the Bail Act 1976, and the Police and Criminal Evidence (PACE) Act 1984, and connected codes of practice.
What Kinds of Claims are Actionable?
Police officers face a lot of dangerous situations daily. Still, they must follow specific procedures and protocols. If they did not act appropriately under the circumstances, you might be able to recover damages incurred for injuries caused by their actions.
These are some Common types of actionable legal claims made against police and law enforcement officers may include:
- Excessive Force
- False Arrest
- False Imprisonment
- 4th Amendment Violations: Illegal Search and Seizure
- Discriminatory Actions
- Wrongful Death
- Malicious Prosecution
- Failure to Intervene
Injuries caused by obstructive force
The police have the authority to use physical force in certain situations, but this must be ‘reasonable’, which means it has to be justified. The level of force used must be appropriate and sensible. Otherwise, the individual can claim compensation. The use of any weapons, such as batons and tear gas, will be taken into consideration in court to decide whether the force used was reasonable or not.
Wrongful arrest and human rights break.
Wrongful arrest and violation of human rights are some of the ways police misuse their powers. Without a legal Warrant and lawful reason to arrest an individual, there might be a case for illegal arrest. While arresting, interrogating, or exercising other police power with someone, the police must follow specific legal procedures. And if they are not following rules, the victim can claim violation of his rights.
If you are legally arrested, but you are held up for longer than the law authorizes, then this may be illegal imprisonment. Misuse or abuse of stop and search power on the road can also be illegal, mainly to compensation claims.
Available Remedies in Claims Against the Police
Tort law is used in police claims to keep the innocent victim in the per-loss position. Sadly, no court can undo the harm caused to a Claimant by the misconduct of police. But the thing law can do help the Claimant get other remedies. The main remedies include:
- a finding of liability (blame)
- a declaration (Human Rights Act claims)
- damages (financial compensation)
- Legal costs.
Claiming the police
It is possible to settle claims with the police without the need for court proceedings. If so, it may take less than six to twelve months to settle such cases. If the police deny their illegal activities, or if they agree to negotiate a settlement but will not offer an appropriate amount, then your case will go to court. It would be best if you claimed as soon as possible while the evidence is fresh.
To make a strong claim, you would need to show their unlawful actions or violate specific laws such as the Human Rights Act. Take legal advice as early as possible if you want to claim against the police.
The following limitation periods also apply:
- 12 months- HRA claims
- Three years -negligence claims, assault claims
- Six years- false imprisonment, misfeasance and
- trespass claims
- These limited periods govern the time frame in which you must put your case into court.
- It will take two or three years for you to get compensation, even if you have a strong case. The evidence needed :
- Date, time, and reason
- Name and details of the police officer
- Police report
- Medical report
- CCTV footage
- Liberate witness statement
- Photos of injury
- Your statement
What might the outcome be?
Mostly, compensation is the outcome of a successful claim against the police. You could also be eligible for some remedies:
- police apology
- demolition of DNA records,
- removal of your personal information from their data